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HomeMy WebLinkAbout2025 - City of Bellingham Initiative 25-03 Prohibiting Landlords from Interfering with Tenants Engaged in Protected Activities - General and Special Election November 05, 2025Summary Report Page: 1 of 1 Whatcom County, Washington, GENERAL 2025, Nov 04, 2025 2025-11-24 All Precincts, All Districts, All Counter Groups, All ScanStations, City of Bellingham Initiative 25-03, All 16:42:08 Boxes Total Ballots Cast: 31011. Registered Voters: 169242 Overall Turnout: 18.32% Choice Votes Vote % >recincts City of Bellingham initiative 25-03 (Vote for 1) 31011 ballots 0 over voted ballots 0 overvotes, 2242 undervotes), 65000 registered voters, turnout 47.71% Yes 2110.3 73.35% No 7666 26.65°% Total 28769 100.00% Overvotes 0 Undervotes 2242 STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) A canvass of the votes cast by qualified voters in the City of Bellingham for the district's submitted ballot measure for the November 4, 2025 Special Election is complete. The results of the election were duly canvassed by the Whatcom County Canvassing Board on November 25, 2025, and the results of said canvass are above. Dated this 2"d day of December, 2025, Bellingham, Whatcom County, Washington, Stacy Henthor County Auditor Final Language Ballot Title City of Bellingham Initiative 25-03 Prohibiting Landlords from Interfering with Tenants Engaged in Protected Activities The initiative would prohibit landlords from interfering with or prohibiting tenants from engaging in free speech, assembly, or association, including voter registration, tenant organizing, or reporting legal violations. It contains provisions to protect tenants who engage in a protected activity from retaliation by landlords. It would prohibit contrary provisions in rental agreements, create notice requirements, provide an affirmative defense to unlawful detainer or eviction actions, create a private right of action, and provide for city enforcement. Should this measure be enacted into law? Yes No Explanatory Statement This measure would prohibit landlords from interfering with tenants engaged in protected activities including those exercising their rights to speech, assembly, and association. The measure provides voter registration volunteers and tenant organizers access to common areas. The measure prohibits landlords from requiring tenants to enter into non -disclosure agreements or waive their right to participate in a class action lawsuit or other cause of action against the landlord. The measure prohibits retaliation, creates a private right of action for tenants and tenant organizations, and allows for civil enforcement by the City. District Name: District Address: Contact Person 1 Whatcom County Auditor's Office Ballot Measure Coversheet City of Bellingham 210 Lottie Street, Bellingham WA 98225 Jackie Weller, Legislative Office Manager Name & Title 360-778-8200, jaweller@cob.org Phone & email James Erb Name 360-778-8132, jeerb@cob.org Phone & email Resolution with original signatures or a certified copy Explanatory Statement prepared by your attorney, not to exceed 100 words Committee Appointment Forms separate forms for each committee Completed Ballot Measure Coversheet Auditor's Office Use Received In Person AUG 01 2.325 Whatcom County Elections Proposition/Initiative Number Contact Person 2 Kelley Goetz, Deputy Clerk Name & Title 360-778-8006, kngoetz@cob.org Phone & email Has your attorney prepared this ballot measure? (] Yes 0 No Yes 0 No Yes O No Yes 0 No Yes ® No Missing document(s): I understand that the submittal deadline date for the missing documents is and the Auditor's Office will not begin processing this ballot measure until all documents have been submitted. Presenter's Signature Deputy Auditor's Signature t'/F BELG1N� cF ..,�3 9s'F! f N GK� Finance Department City of Bellingham July 31, 2025 To Whom It May Concern, I, Kelley Goetz, Deputy City Clerk, herby certify that the attached copy of Resolution 2025-12 is a true and correct copy of the original resolution approved by the Bellingham City Council on July 21, 2025. 9L-1 --�-Itb (:- . Signature Date Office: (360) 778-8010 1 Fax: (360) 778-8001 1 Email: finance@cob.org I www.cob.orpJfinance 210 Lottie Street, Bellingham WA 98225 RESOLUTION NO.2025-12 A RESOLUTION DEFERRING TO THE VOTERS INITIATIVE NO.2025-03 WHICH PROHIBITS LANDLORDS FROM INTERFERING WITH TENANTS ENGAGED IN PROTECTED ACTIVITIES WHEREAS, a sufficient number of qualified electors of the City of Bellingham have proposed an initiative bill, previously assigned number 2025-03, which would prohibit landlords from interfering with tenants engaged in protected activities; and WHEREAS, the initiative bill would create a new chapter in Title 6 of the Bellingham Municipal Code that protects tenants who engage in activities related to speech, assembly, and association from retaliation by their landlords; and WHEREAS, the initiative bill defines rights of tenants to speech, assembly, and association, and prohibits landlords from interfering with those rights; provides access to common areas to voter registration volunteers and tenant organizers to engage in certain protected activities; and prohibits retaliation by landlords against tenants engaged in protected activities, and WHEREAS, the initiative bill would prohibit landlords from requiring tenants to enter into non- disclosure agreements related to their lease agreement or details of an offer to lease; prohibit landlords from including language in a lease agreement that would require a tenant to waive their right to participate in a class action lawsuit or any other cause of action against their landlord; and declare any contrary provisions in a lease agreement void and unenforceable; and WHEREAS, the initiative bill would require the city to create and make available a poster describing the rights of tenants under the new chapter, as well as a publicly available webpage explaining the rights and responsibilities of tenants and landlords under the new chapter; and would require landlords to post the tenant rights poster in a conspicuous location within the rental property; and WHEREAS, the initiative bill would make it an affirmative defense to an unlawful detainer or other eviction action that a landlord is in violation of the chapter and provide that a tenant or other person who prevails in an action asserting their rights under the chapter shall be awarded reasonable attorney's fees and costs; and WHEREAS, the initiative bill would create a private right of action for tenants and tenant organizations to enforce of the provisions of the chapter; and WHEREAS, the initiative bill would allow for city enforcement and states that a person violating the terms of this chapter commits a civil infraction for which they may be cited and assessed a monetary penalty; and WHEREAS, the Charter and the Bellingham Municipal Code provide that City Council may enact an initiative bill, reject an initiative bill and propose another bill dealing with the same subject, defer an initiative bill to the voters, or take no action on an initiative bill; and City of Bellingham Resolution Deferring Initiative No. 2025-03 City Attorney to the Voters (1) 210 Lottie Street Bellingham, Washington 98225 360-778-8270 WHEREAS, the City Council considered Initiative No. 2025-03 during a regularly scheduled meeting on July 21, 2025, and moved to defer the bill to the voters in November; and WHEREAS, RCW 29A.04.330 requires that the City Council pass a resolution on or before the day of the primary election, i.e., August 5, 2023, requesting that the Whatcom County Auditor, as ex officio supervisor of elections, place the initiative bill on the November 4, 2025, ballot; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELLINGHAM: The City Council hereby defers to the voters Initiative No. 2025-03 which concerns prohibiting landlords from interfering with tenants engaged in protected activities. The Finance Director or designee shall promptly deliver a copy of this resolution to the Whatcom County Auditor requesting that Initiative No. 2025-03 be submitted to the qualified electors of the City for approval or rejection at an election to be held on November 4, 2025, pursuant to the City Charter and the Bellingham Municipal Code. City staff is authorized to take additional actions that may be required by the Whatcom County Auditor to ensure that this measure is placed on the ballot in November, including, for example, preparing a ballot measure cover sheet, verifying eligibility of committee members, completing the committee appointment form, working with the Whatcom County Auditor Office to solicit committee members, as appropriate, and drafting an explanatory statement for the initiative bill. PASSED by the Council this 21st day of July, 2025. 4 Council President APPROVED by me this day of July, 2025. Mayor ATTES' APPROVED AS TO FORM: ti A A. 4-y� Office okHe City Attorney City of Bellingham Resolution Deferring Initiative No. 2025-03 City Attorney to the Voters (2) 210 Lottie Street Bellingham, Washington 98225 360-778-8270 City of Bellingham April 21, 2025 Whatcom County Auditor Stacy Henthorn 311 Grand Avenue Suite 103 Bellingham, WA 98225 RE: Proposed Initiative Measure forthe City of Bellingham Dear Madame Auditor, Received By Email APR 21 2025 Whatcom County Elections Please find attached for filing a copy of a proposed initiative petition forthe City of Bellingham which was received on April 2, 2025. This proposed initiative petition would protect residential tenants in various protected activities. The City Attorney's Office has drafted the following ballot title for this local ballot measure in consultation with the initiative proponents, as required by State law and the Bellingham Municipal Code: Prohibiting landlords from interfering with tenants engaged in protected activities. The initiative would prohibit landlords from interfering with or prohibiting tenants from engaging in free speech, assembly, or association, including voter registration, tenant organizing, or reporting legal violations. It contains provisions to protect tenants who engage in a protected activity from retaliation by landlords. It would prohibit contrary provisions in rental agreements, create notice requirements, provide an affirmative defense to unlawful detainer or eviction actions, create a private right of action, and provide for city enforcement. Should this measure be enacted into law? Yes? ................................... . . No? ...................................... We respectfully request that your office acknowledge receipt of this filing. We also request that you provide appropriate notice of the ballot title to the initiative proponents, the city, and to any other person requesting a copy of the ballot title. Anyone dissatisfied with the wording of the ballot title shall have ten working days from the date of filing to file an appeal in Whatcom County Superior Court under RCW 29A.36.090. (360) 778-8000 I. info@coo.org I'.VVriV.cOo,org 210 Lottie Street, Beilingnarn INA 98225 Office of the City Attorney City of Bellingham July 31, 2025 Whatcom County Auditor Stacy Henthorn 311 Grand Avenue Suite 103 Bellingham, WA 98225 RE: Explanatory Statement for City of Bellingham Initiative No. 2025-03 Dear Madame Auditor, The City Attorney's Office has drafted the following explanatory statement regarding City of Bellingham Initiative No. 2025-03, to be included in the local voter's pamphlet: This measure would prohibit landlords from interfering with tenants engaged in protected activities including those exercising their rights to speech, assembly, and association. The measure provides voter registration volunteers and tenant organizers access to common areas. The measure prohibits landlords from requiring tenants to enter into non -disclosure agreements or waive their right to participate in a class action lawsuit or other cause of action against the landlord. The measure prohibits retaliation, creates a private right of action for tenants and tenant organizations, and allows for civil enforcement by the City. Thank you for your time and attention to this matter. Please let know if you have any questions. Respectfully, Jai yes Erb Deputy City Attorney Office: (360) 778-8270 1 Fax: (360) 778-8271 1 www.cob.org/attorney 210 Lottie Street, Bellingham WA 98225